Lexington Workers’ Compensation Attorneys
While recent advancements have greatly increased workplace safety across most industries, many Lexington workers still face serious hazards every day at work. Suffering from a workplace injury can be an anxiety-inducing experience, as workers will often not be able to work as they rack up major medical expenses. Not only that, but the rent, utilities and grocery bills must also get paid somehow. Thankfully, there are a few options to help injured workers deal with the setbacks associated with a Lexington work injury.
Kentucky Workers’ Compensation Law
When someone is injured at work, the default remedy is a workers’ compensation claim. The workers’ compensation program offers injured employees benefits based on their salary. The benefit amount is calculated by taking 66 and 2/3 percent of an injured worker’s weekly pay, up to a maximum weekly benefit of $933.25. Employees can also obtain payment for any medical coverage that they require. A major benefit of the workers’ compensation program is that is does not require an injured worker prove who was at fault.
Kentucky employers must obtain workers’ compensation insurance. When an employee is injured, they will make a claim through the employer’s workers’ compensation insurance policy. However, employers and their insurance companies do not always play fair when it comes to approving injured workers’ claims. Often, an insurance company will deny a claim or dispute the extent of an injured worker’s injuries. In these situations, the assistance of a dedicated Lexington workers’ compensation attorney is invaluable.
Types of Lexington Disability Benefits
Workers’ compensation provides for three types of benefits, depending on the severity and duration of an employee’s injuries.
Temporary Total Disability (TTD) Benefits: An injured worker is eligible for TTD benefits if they miss work after being injured as a result of their employment. Weekly TTD benefits are two-thirds of an employee’s gross pay. Benefits will be paid until the employee is able to return to work, subject to an annual maximum.
Permanent Total Disability (PTD) Benefits: If an injured worker cannot return to work based on their workplace injury, they are entitled to PTD benefits up until they reach retirement. Weekly PTD benefits are calculated by taking the gross average weekly wage. Successful PTD claims often result in a negotiated lump-sum payment by the insurance company.
Permanent Partial Disability (PPD) Benefits: If an employee is injured on the job, and can return to work in a limited capacity, the injured worker may receive PPD benefits. The idea behind PPD benefits is to offset the pay reduction an employee suffered as a result of their injury. Thus, a judge will determine an injured worker’s “percentage of disability” and then come up with a partial wage based on that percentage.
How Can an Attorney Help with a Kentucky Workers’ Compensation Claim?
While filing a Kentucky workers’ compensation claim may seem straightforward, that is not necessarily the case. Bringing a successful claim requires meticulous preparation, requiring a worker obtain all medical records and supporting documentation before filing. Even a small mistake can delay the award of benefits, dragging the process out for months longer than necessary.
At Hessig & Pohl, we skillfully handle Lexington workers’ compensation claims for all employees. We also help injured employees of state and local government organizations such as Fayette County Public Schools and University of Kentucky. When you retain our services, we make sure to take the stress out of the workers’ compensation application process. From the moment you bring us on board, we will support you through the process. A few of the roles our attorneys take on include:
- Explaining the entire process of filing a Kentucky Workers’ Compensation claim from beginning to end;
- Explaining the types of compensation and benefits that are available;
- Gathering all necessary documentation to support your claim;
- Accurately calculating your wage benefits to determine your weekly benefit amount;
- Determining whether you are owed any lost wages, accounting for interest;
- Preparing you to testify at any required hearings;
- Helping you locate and prepare all necessary witnesses;
- Taking deposition from medical providers and experts to help prove the extent of your injuries and disability; and
- Negotiating with the insurance company to ensure that you are provided the benefits you need and deserve.
Filing a Kentucky workers’ compensation claim can be an overwhelming experience, and anyone considering filing a claim should discuss their situation with an experienced Lexington workers’ compensation attorney for assistance.
Lexington Work Injuries Involving the Fault of Non-Employers
While a Kentucky workers’ compensation claim is the default way to obtain compensation after an on-the-job accident, it is not the only way. If someone other than your employer is responsible for your injuries, you may be able to pursue a Kentucky personal injury claim against that party. For example, if a delivery driver strikes a grocery store worker as they are gathering carts in the parking lot, the delivery driver and the company they work for may be liable through a Kentucky injury lawsuit.
Consult With a Dedicated Lexington Workers’ Compensation Law Firm
If you or a loved one has been involved in a Lexington on-the-job accident, you need a law firm with experience handling workers’ compensation claims. At Hessig & Pohl, we are ready to help you pursue a claim for workers’ compensation, regardless of who you work for. Our skilled attorneys will aggressively negotiate on your behalf to help you obtain the maximum amount of benefits. We have helped hundreds of injured workers get the benefits they need and deserve. There is no downside to contacting us to help you with your work injury claim. The initial consultation is free. Contact us through a contact form, or call our office at (502) 777-1111. The initial consultation is always free.
Marty fought for me when the insurance company denied my claim. We sued and got the insurance limits.